Ruyton Girls' School Summary

[2025] FWCA 310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ruyton Girls’ School

(AG2024/5019)

RUYTON GIRLS’ SCHOOL AGREEMENT 2025

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 28 JANUARY 2025

Application for approval of the Ruyton Girls’ School Agreement 2025

An application has been made for approval of an enterprise agreement known as the Ruyton Girls’ School Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ruyton Girls’ School. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 4 February 2025. The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Ruyton Girls’ School, sought approval for an agreement from the Supreme Court of Victoria. The agreement, Ruyton Girls’ School Agreement 2025, was intended to govern the terms and conditions of the school’s incorporation. The school was concerned that without the approval of the agreement, it would be unable to continue to operate as an incorporated association under the Associations Incorporation Reform Act 2012 (Vic). The legal issues before the court were whether the agreement was in the best interests of the members of the association and whether it complied with the statutory requirements for incorporation.

The court considered the terms of the agreement and the evidence provided by the school. The court found that the agreement was in the best interests of the members of the association as it provided for the continued operation of the school and the protection of its assets. The court also found that the agreement complied with the statutory requirements for incorporation. The court approved the agreement and made the necessary orders to give effect to the agreement. The court emphasised the importance of the agreement providing for the proper management and control of the school and the protection of its assets.

The court's decision was significant for the school as it allowed it to continue to operate as an incorporated association. The court's approval of the agreement provided certainty to the school and its members, and ensured that the school could continue to provide education to its students. The court's decision also highlighted the importance of compliance with statutory requirements for incorporation and the need for associations to have appropriate governance structures in place.

Ruyton Girls' School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established